Motor Vehicles And Traffic Regulation - Digest of Bills

Digest of Bills - 1994

MOTOR VEHICLES AND TRAFFIC REGULATION

S.B. 94-1 Traffic laws - recodification - highway legislation review committee - extension of deadlines - special license plates - pedestrians - right-of-way - snowplows and snow removal equipment - railroad crossings - duty of care - high occupancy vehicle lanes - wheelchairs - school buses - use of signals when using lift device - truck registration - use of manufacturer's statement or certificate of origin to establish weight - denial of right to inspect department of revenue photographs - toll evasion - passenger tires. Reorganizes, amends, and modifies or repeals obsolete language in laws governing vehicles and traffic.

Relocates the "Colorado Antifreeze Law" and provisions governing brake fluid; extends the deadline for the final report of the highway legislation review committee on its recommendations for legislation concerning the traffic law from January 1, 1994, to January 1, 1996, and changes the repeal date for the committee's study of revisions to the traffic law from July 1, 1994, to July 1, 1996; relocates provisions governing motorcycle operator safety training; and amends provisions governing citations for toll evasion.

Authorizes the department of transportation to designate high occupancy vehicle lanes for the exclusive or preferential use of vehicles carrying a specified number of persons. Authorizes local authorities to designate such lanes along streets and highways under their jurisdiction. Stipulates that the number of occupants required for vehicles using such lanes and the time of day when usage is restricted shall be designated by official traffic control devices. Specifies that any person who violates provisions governing the use of high occupancy vehicle lanes commits a class A traffic infraction. Establishes penalties for such violations. Clarifies that motorcycles may be operated on high occupancy vehicle lanes in accordance with applicable federal regulations unless prohibited by official traffic control devices.

Exempts school buses from the requirement of using red signal lights when stopped to receive or discharge passengers who require the assistance of a lift device when no such passenger is required to cross the roadway. Requires such buses to stop as far to the right of the roadway as possible to reduce obstruction to traffic. Specifies that certain school bus specifications are applicable to passenger vehicles having a seating capacity of more than 15 rather than 9.

Clarifies that vehicles are required to yield the right-of-way to pedestrians who are lawfully within adjacent crosswalks at the time a circular green signal is displayed. Modifies the duty of care required when approaching, overtaking, or passing snowplows or snow removal equipment to conform with the duty of care required when approaching, overtaking, or passing authorized service vehicles. Modifies the duties of drivers approaching railroad crossings.

Defines "wheelchair" and specifically exempts such devices from the definition of "motor vehicle". Specifies that persons in wheelchairs are pedestrians for purposes of motor vehicle and traffic regulation. Deletes the definition of "all terrain vehicle" and substitutes a definition of "off-highway vehicle". Excludes wheelchairs, off-highway vehicles, and snowmobiles from the definition of "vehicle". Clarifies that the issuance of special license plates to persons with disabilities does not preclude the issuance of removable windshield placards to such persons.

Increases from 10 to 20 days the time period specified on a citation for toll evasion which prescribes the amount of time within which to pay a prescribed penalty and avoid a court appearance. Requires notice of toll evasion evidenced by automatic vehicle identification photography to be mailed by first class mail rather than by certified mail, return receipt requested, and requires a 2nd notice to be mailed if the prescribed penalty has not been paid within 20 days. Requires such 2nd notice to be mailed by certified mail, return receipt requested.

Repeals provisions prohibiting the regrooving of passenger tires, operating a passenger vehicle with regrooved tires, or selling or exchanging such tires. Repeals provisions prohibiting destroying, altering, or defacing any tire marking which indicates whether such tire was intended for highway or nonhighway use. Repeals provisions which provide that any violation of the statutory provisions regarding the regulation of vehicles and traffic which is not otherwise declared to be an offense is an unclassified misdemeanor.

Authorizes the department of revenue to deny inspection of photographs in the department's custody on grounds that disclosure would be contrary to public interest. Authorizes the use of a manufacturer's statement or certificate of origin as a means of establishing the weight of certain trucks for registration purposes.

APPROVED by Governor June 3, 1994
EFFECTIVE January 1, 1995

S.B. 94-7 Highways - right-of-way - removal of obstructions. Extends the authority of law enforcement officers to include removing any vehicle, cargo, or debris obstructing a highway right-of-way. Authorizes employees of state and local governmental agencies responsible for highway safety and maintenance to remove any motor vehicle, vehicle, cargo, or debris obstructing a highway right-of-way; except that agency employees must obtain approval from a law enforcement agency to remove a motor vehicle. States that the removal process should cause as little damage as possible to the vehicle, cargo, or debris.

APPROVED by Governor April 19, 1994
EFFECTIVE April 19, 1994

S.B. 94-12 Identification cards - unlawful production. Prohibits the production of any identification card, unless authorized by law, in such a manner that it could be mistaken for a valid identification card. Further prohibits the display or possession of such illegally produced card.

APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994

S.B. 94-13 Driver's license renewal. Eliminates the 90-day time limit to renew a driver's license before it expires.

APPROVED by Governor April 19, 1994
EFFECTIVE July 1, 1994

S.B. 94-17 Traffic offenses and infractions - penalty and surcharge schedule. Revises the penalty and surcharge schedule applicable to traffic offenses.

APPROVED by Governor April 19, 1994
EFFECTIVE January 1, 1995

S.B. 94-220 Specific ownership tax - registration fees - highway legislation review committee responsibility - appropriation. Decreases the specific ownership tax for vehicles 10 years old and older transporting property over the public highways in interstate commerce to make it the same as such tax for similar vehicles operated solely in Colorado.

Modifies the registration fees for trucks and truck tractors with an empty weight in excess of 16,000 pounds to make the fees the same whether the vehicles are operated in interstate commerce or operated solely in Colorado and to charge lower fees for such vehicles that are operated 30,000 miles or less annually.

Deletes provisions for and relating to the proportional adjustment of certain registration fees to approximately equal estimated revenues that were raised or would have been raised by certain taxes and fees.

Requires the highway legislation review committee to review the registration fees imposed by the act, determine the impact on payers of the fees and on revenue collections, and recommend necessary legislation, if any, before January 1, 1995.

Appropriates $16,351 from the highway users tax fund to the department of revenue for implementation of the act.

APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994

H.B. 94-1008 Traffic laws - revisions - highway legislation review committee - duties - report. Requires the highway legislation review committee to review the driver's license point system to determine whether it is appropriate to retain such system. Further requires the committee to make recommendations regarding either appropriate changes or alternatives to the system.

Expands the issues to be addressed by the committee to include the following: Simplification of the fine, fee, cost, and surcharge schedules; the creation of a uniform document to be used for traffic citations; and the development of a simplified record-keeping system.

Extends the deadline for the presentation of the committee's final report on its recommendations for legislation concerning revisions to the traffic law from January 1, 1994, to January 1, 1996.

APPROVED by Governor April 7, 1994
EFFECTIVE April 7, 1994

H.B. 94-1012 Nondivisible oversize and overweight vehicles - cooperative agreements - regional permit system. Authorizes the executive director of the department of transportation to enter into agreements with other states concerning the regional operation or movement of nondivisible oversize or overweight vehicles. Allows for the establishment of a regional permit system, through the agreements, that includes operation or movement of such vehicles from one regional state to another under a single-trip permit.

Delegates to other states the authority to issue permits for nondivisible oversize or overweight vehicles operating on Colorado state highways and to accept such delegation of authority from other states for such vehicles operating on the highways of those states when certain requirements are met. Authorizes the department of transportation to collect and remit fees, taxes, and penalties on behalf of other states that are parties to cooperative agreements.

Enables the Colorado state patrol, ports of entry, and local law enforcement authorities to enforce such permits on Colorado state highways and to enforce in Colorado the applicable requirements of the permitting state or states.

Authorizes the executive director of the department of transportation to appoint employees and officials of other states to act as agents of the department for the limited purpose of enforcing the laws of Colorado under the terms of such agreements. Allows the director to promulgate regulations necessary to implement such agreements. Requires that regional cooperative agreements contain provisions exempting employees and officials of other states, who act under the terms of such agreements, from compensation and benefits from the state of Colorado.

Allows such agreements to provide for uniformity with respect to enforcement procedures, safety inspection standards, operational standards, permit and application form procedures, driver qualifications, and other vehicle size- or weight-related matters. Provides that all existing statutes and rules and regulations prescribing size and weight vehicle requirements or relating to permits for such vehicles continue to be in effect until amended or repealed and that any cooperative agreement comply with those statutes and rules and regulations. Requires the transportation commission to ratify any cooperative agreement and to cooperate or contract with other states, regional or national associations, or not-for-profit organizations in transportation studies or issues of new transportation technology, including intelligent vehicle highway systems, only with the proper authorization by each party and approval from its legislative body.

Changes the definition of symbols in the formula used to determine the maximum gross weight of a vehicle allowed to be moved or operated on a highway or bridge, specifically, defining the symbol "L" to equal the distance in feet between the extreme of any group of 2 or more axles and the symbol "N" to equal the number of axles in the group of axles under consideration.

APPROVED by Governor March 22, 1994
EFFECTIVE March 22, 1994

H.B. 94-1028 Driver's license fees - portion retained by county clerk and recorder. Increases the portion of the driver's license fee that is retained by a county clerk and recorder who issues a driver's license, provisional driver's license, minor driver's license, commercial driver's license, or provisional driver's license authorizing operation of commercial vehicles from $3 to $6.

APPROVED by Governor April 6, 1994
EFFECTIVE July 1, 1994

H.B. 94-1165 Certificates of title - duration of liens of mortgage on vehicles -extension - appropriation. Extends the limitation on the duration of liens of mortgage on vehicles from 5 years to 8 years. Specifies that liens of mortgage on truck tractors and motor homes extend for the full term of the mortgage. Deletes requirements that a county clerk and recorder and the executive director of the department of revenue affix a signature and seal on documents regarding any extension of a lien of mortgage on a vehicle.

Appropriates $6,782 to the department of revenue out of private donations made for the purpose of implementing the act.

APPROVED by Governor April 28, 1994
EFFECTIVE January 1, 1995

H.B. 94-1346 Drivers' licenses and identification cards - storage of information - photographs. Limits the information that may be magnetically, electronically, or otherwise stored on a driver's license or identification card. Except for social security numbers, authorizes the department to store any information that is statutorily authorized to appear on the face of such license or card.

Changes the requirement that every minor driver's license, provisional driver's license, and identification card issued to an individual under 21 years of age show a photograph of the holder's profile to a requirement that it show the holder's full face.

APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994